Land Conversion (Free-Hold)

Non Agricultural Land

Land can be called non agricultural land, if any activity in the nature of development is carried over on the land which makes land unfit for cultivation. Under section 44 of the Maharashtra Land Revenue Code 1966, before carrying out any development on the land, an eligible person has to apply to the collector for the permission to convert the use of agricultural land for any non-agricultural purpose, or to change the use of land from one non-agricultural purpose to another non-agricultural purpose.

Form of application for permission to convert use of land

Every application for permission for the conversion of use of land from one purpose to another as provided in Section 44 is required to make in the form in Schedule I to the Collector.

Document required to attached with the application form

For obtaining N.A. Permission, applicant has to attach documents as mentioned below:

Prescribed form duly filled in duplicate with court fee stamp of rupees 5/-.

Extract of V.F. 7/12 and its 4 copies

Copies of the all the relevant mutation entries (V.F. 6) pertaining to land in question (one set)

If record is not available in revenue office, a certificate from the Revenue Officer stating therein that the same is not available with him. (Talathi or Tahsildar as the case may be)

Extract of village form 8A (one copy)

Certified copies of the land map from the Taluka Inspector, Taluka Land Record Office

8 copies of site plan and 8 copies of the building plan (if permission is asked for constructing building)

If the land is not abutting to any classified road and right of way over the boundaries of other survey number/Gat number is acquired, then extract of the relevant V.F.7/12 and V.F. 6

If the land in question is abutting EW, NH or SH, copy of the NOC from Highway Authorities or other appropriate authority

NOC from concern Grampanchyat/Municipal councils

If the N.A. permission is already granted and application is to be made for change of use of land, then copy of the NA order and sanctioned plan is to be attached

If the land is attracting provisions of Bombay Tenancy and Agricultural Lands Act, 1948 then the Sale Permission received under section 43/63

No dues certificate from farmer's co-op society

Certificate received from the Talathi stating therein that the land in the question is not under acquisition.

Any other documents such as NOC and clearance certificate etc, if the land attracts provisions of some other laws

If temporary permission is already granted for layout and application is made for final permission under the circumstances, then please attach the below documents:

Copy of temporary NA order permission

Plan prepared by survey department after subdivision of land in the plots, roads, open spaces and amenity places etc.

8 copies of the Architect's plan

Extract of V.F. 7/12 and its 4 copies

Copy of the mutation entry (V.F. 6) related to the temporary NA permission.

Procedure of Land Conversion

The Collector has to follow the procedure as mentioned below for granting permission to convert the use of agricultural land for any non-agricultural purpose or to change the use of land from one non-agricultural purpose to any other non-agricultural purpose:-

Collector has to send a copy of one application form to the concerned Tahsildar for collecting detailed information of the land in question.

If the area is within the jurisdiction of a Municipal Corporation or Municipal Council, the Collector consults them with reference to acquiring the building permission.

When there is no Municipal Corporation or Municipal Council, the applicant has to submit a "No Objection Certificate" to the Collector, which is to be acquired from the Gram Panchayat of the village, for the change of use of land.

If the land falls within the limit of any Regional Plan prepared under provisions of MRTP Act 1966, the Collector shall grant permission in confirmative to Development Control Regulations prepared by planning authorities and special planning authorities.

In addition to the Development Control Regulations prepared by the planning authorities and special planning authorities (which are the instruments of regulating development), there are other laws, rules & regulations, policies as well which aid the development control efforts.

There shall be no contravention of the provisions of any law, or any rules, regulations or orders made or issued under any law for the time being in force, by the State or Central Government or any local authority, statutory authority, Corporation controlled by the Central or State Government or any Government Company pertaining to management of Coastal Regulation Zone, or of the Ribbon Development Rules, Building Regulations, or rules or any provisions with regard to the benefited zones of irrigation project and also those pertaining to environment, public health, peace or safety. The collector is required to consult the authorities dealing with these subjects.

These authorities may give clearance for development under some conditions; these conditions shall be binding on the applicant and such other conditions as the collector may, under the order of the State Government impose.

Development Control Authorities

List of some of the authorities functioning important role In Development Control are given below.

Town Planning Department

Health Department

The Mumbai Village Panchayat Act, 1958

Laws Related to Development Along Roads

Mumbai Highways Act, 1955

National Highway Act 1956

Environment (Protection) Act, 1986

Indian Forest Act, 1927

Forest Conservation Act, 1980

Maharashtra Acquisition of Private Forests Act, 1975

Minor Mineral (Extraction) Act, 1955 and Explosives Act, 1984

N.A. Order (NA Order)

ASCC Service Offering:

ASCC will liaise with District Collector / District Developmental Officer / Tahsildar to help you get N.A. Order for Conversion of Land from Agriculture to Residential / Commercial / Industrial Use. ASCC does not guarantee that you will get the N.A. Order. The land should qualify for Non-Agricultural use, there are multiple factors to be considered. ASCC is going to study the case and make a detailed recommendation before the case is put up to the Tahsildar Office.

Whitepaper

Download whitepaper to read Section 44 for Free-Hold Land Conversion

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